Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law?  Apparently it can, at least according to the Court of Turin, which recently said so, with its decision no. 1900/2017 dating March 17, 2017. The case was started when Piaggio, maker of the scooter Vespa, asserted rights arising…

The Spanish Supreme Court has concluded that it is not appropriate to waive the Court jurisdiction from the defendant’s domicile (in this case Italy), which had ruled against the claimant, by creating a link with another entity that it is domicile in another European country (in this case Spain), when that connection is not sufficiently…

We all know that acquiescence is an absolute defense against infringement which occurs when a proprietor of an earlier mark has acquiesced, for a period of five successive years, to the use of a later registered trademark while being aware of such use. However, neither EU nor Italian (or, to our knowledge, any other national) trademark…

And the winner is… the Oscar. It is hard not to connect the word ‘Oscar’ to the statuette awarded every year in Los Angeles for the best movies, directors, actors and producers. At the same time, when used in different sectors, the term ‘Oscar’ should now be considered as generic. This is – at least…